Virginia Teen Driver Rules: Curfew and Passenger Limits Under 18
What is a provisional driver's license in Virginia?
A provisional driver's license is the first license Virginia gives to a driver younger than 18. Until age 18, you may not drive from midnight to 4:00 a.m. except in four cases, and you may carry only one passenger who is under 21. After the first year, you may carry up to three passengers under 21 in three cases. Family and household members do not count toward the limit.
Where the Virginia provisional license facts come from
The curfew, the passenger limits and the penalties come from the Code of Virginia, section 46.2-334.01. The learner's permit limits come from section 46.2-335. The phone rule for drivers under 18 comes from the DMV Teen Driving Restrictions page, which also explains the curfew and passenger rules. Where the DMV page and the law use different words, this guide follows the law. This guide is current as of 2026. Confirm the rules with the Virginia Department of Motor Vehicles (dmv.virginia.gov) before you drive.
Virginia provisional license passenger limits by stage
| Stage | Passengers under 21 | Family and household |
|---|---|---|
| First year after the provisional license is issued | One passenger under 21 | Do not count toward the limit |
| After the first year, until your 18th birthday | One passenger under 21, or up to three in the three cases below | Do not count toward the limit |
| From your 18th birthday | No provisional license limit | The curfew and passenger restrictions end |
When you may carry up to three passengers under 21
- You are driving to or from a school-sponsored activity.
- A licensed driver who is at least 21 years old sits in the seat beside you.
- There is an emergency.
Who counts as family or household for the passenger limit?
The passenger limit does not apply to members of your family or household. The law lists your spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters and first cousins, and anyone who has a child in common with you. These people count as family whether or not they live with you. Your brothers-in-law and sisters-in-law count only if they live in your home. A person who cohabits with you counts, and so do that person's children who live in your home. A friend under 21 who is not on this list counts toward the limit.
What are the Virginia curfew hours for drivers under 18?
With a provisional license, you may not drive in Virginia between midnight and 4:00 a.m. The curfew applies until your 18th birthday. It has four exceptions, listed below. If none of them fits your trip, plan to be off the road before midnight, or wait until after 4:00 a.m.
The four curfew exceptions
| Exception | When it applies |
|---|---|
| Work | You are driving to or from a place of business where you are employed. |
| Supervised activity | You are driving to or from an activity that an adult supervises and that a school, or a civic, religious or public organization, sponsors. |
| Accompanied by an adult | A parent, a person acting in place of a parent, or a spouse who is 18 or older sits in a seat beside you. That person must be legally allowed to drive at that time. |
| Emergency | You are driving in an emergency. This includes a volunteer firefighter or a volunteer emergency medical services member who responds to an emergency call. |
What happens if you break the curfew or passenger rules?
Can you use a phone at all while driving under 18 in Virginia?
For drivers under 18, the DMV Teen Driving Restrictions page says that Virginia's cell phone law prohibits the use of a cell phone while driving, whether or not the phone is hand-held. You may use a phone or other device only for a driver emergency, and only when the vehicle is lawfully parked or stopped. Silence the phone and put it away before you start the car.
Do the same rules apply to a learner's permit?
A learner's permit has its own rules in section 46.2-335. A permit does not allow driving between midnight and 4:00 a.m. With a permit, you may carry only one passenger under 21, unless you are in a driver education course. The same family and household list applies. Read our guide to Virginia learner's permit rules, and try a free learner's permit passenger question to see how the family exception works.
Key takeaways
- A provisional driver's license is the first license for a driver younger than 18. The curfew and passenger limits end on your 18th birthday.
- No driving from midnight to 4:00 a.m. unless you are going to or from work, going to or from an adult-supervised activity, riding with a parent, a person acting in place of a parent or a spouse 18 or older who sits beside you and may legally drive at that time, or in an emergency.
- In the first year, carry only one passenger under 21. After the first year, you may carry up to three in three cases. Family and household members do not count.
- A violation is a traffic infraction. A second or later violation can bring a court suspension of up to six months.
- Next step: practice on the free Virginia passenger practice test.
Virginia teen driver rules: common questions
Can I drive my younger sister and a friend in my first year?
Yes. Your sister is family, so she does not count toward the limit. A friend under 21 is your one passenger under 21. A second friend under 21 who is not family or household would put you over the limit in your first year, even if your sister is also in the car.
Can I drive home from a late shift after midnight?
Yes. Driving to or from a place of business where you are employed is one of the four curfew exceptions. The exception covers the trip to or from work. If you drive a coworker home, the passenger limit still applies: one passenger under 21 in your first year, and family members do not count.
Does my cousin count as a passenger under 21?
No, if the cousin is a first cousin. First cousins are on the law's family list, so they do not count toward the passenger limit. A more distant relative, such as a second cousin, is not on the list. That person counts as a passenger under 21 unless the person fits another family or household case.
Can my older friend sit in the front seat so I can carry more passengers?
Not in the first year. After the first year, a licensed driver who is at least 21 years old in the seat beside you allows up to three passengers under 21. A friend who is 19 or 20 does not qualify, and that friend counts as a passenger under 21.
Does my mom have to sit beside me for the after-midnight exception?
Yes. She must sit in a seat beside you and be legally allowed to drive at that time. If she rides in a back seat, this exception does not apply. A parent, a person acting in place of a parent, or a spouse who is 18 or older can ride with you this way. The passenger limit for riders under 21 still applies to your other passengers.
Can I drive friends home from a school game after midnight?
The curfew allows a drive to or from an activity that an adult supervises and that a school sponsors. The passenger limit still applies. In your first year, you may carry only one friend under 21. After the first year, you may carry up to three passengers under 21 to or from a school-sponsored activity.
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